Omaha daily bee., 1887-01-14
A BILL NYE "REMINISCENCES.
"Soiied Smiths" Affinity for Mother
Earth and Aversion to Courts.

"Soiied Smiths" Affinity FOR Mother
Earth and Aversion to Courts.
New York World; / recall to-day the
memory of II peculiar man. THIS is the
anniversary of his death, and 1t is easy
to remember on this day the odd looks
aud the quaint life led by that singular
character. | do not know his United
States name, but in the territories he
lived and died under the nom de plume
of Soiled Smith.
Seven years ago Soiled Smith ceased to
exist in the capacity of II man, and began
to minglc with the dust from whicn he
came. / presume that since the early
dawn of creation no man ever died who
became at once so thoroughly identified
with the geological structure OF the
earth as did Soied Smith. He had pre-
pared himself for it by careful training,
and dust thou art and unto dust thou
shalt return had no terrors for him.
He told me, however, that once he was
pure as the beautiful snow.
My first acquaintance with Soilcd
Smith was in the autumn of 1876. ! was
then sustaining one corner of the ma.
tional fabric as United States commits.
sioner of the Second judicial district of
Wyoming and cX-oilcio notary public for
Albany county. The Office of United
States commissioner was frauGht with
the most innoCuous desuetudc that | ever
laid lip over. The United States re-
Quired me to buy a set of books. includ-
ing large dapplcd-gray docket, in
which to keep record of each and every
case in which the United States appeared
rs plaintiff. The first day after was APP
pointed | had all l could do to keep
down feeling of the most violent in
tolerance and arrogance. That night !
did not sleep much, because | expected
at any moment to be called upon by the
government to try case.
That fall | met General Sherman on
the frontier, and remember | told HIM
that did not wonder that his hair was
gray. He asked why, and told him that
since | had been placed in Il position of
grave responsibility myself / could soc
that my own hair was getting sprnkled
with silver too Then he asked me what
engaged in holding up. told HIM | was
United States commissioner for the Sec
ond district, recently appointed. He did
not seem to fully realize the Importance
of the office, thought.
! had not held the Office over year
when suddenly, like n clap of thunder
from a clear sky, n case was brought uD
before me for preliminary examination
Three greaSers, named Don Colorado
.Jobacos, Jcsusby Fabricante and Tufa
Fireccnte MadurO, were charged with
selling liquor 10 indians on the reserva-
ton, and tried them for four days with
all the earnest and acquired momentum
of Il man who has been saving up his en-
ergies for nearly n year. | can truly say
that never tried more faithfully to sift
the evidence and get ut the truth in any
case with which | have ever been con
nected. We did not spare mileage or per
diem in our efforts to obtain all the
knowledge we could. ] issued subpTnas
for people who were unable to come and
people who wouldn't come. In answer
to the demands of the plaintiff sent
every kind of subpoena, writ, bench
warrant or requisition that the statute
allowed fee for, and among the rest |
subpGnaed SOled Smith.
lie did not come.
] issued n quo warranto but he came
not. then made ont large blue requisi-
ton for him, with an acknowledgment
and green uotarial seal on the back,
but he sent in his regrets and went up
into the Diamond Peak country for
change OF scene and rest.
The case had to proceed without the
evidence of Soiled Smith. but, with the
aid of the United States attorney, sue.
ccedcd IN convlcting the grcascrs with
out leaving my seat. | was as successful
in this trial as an old gentleman in
Maine who said he chad served on the
jury for four years and never lost case"
But the government came very near
disallowing my claim for fees because 1
omitted to put n double red line under
my footings. This, however, was soon
remeded. revised the BILL adding So
for an item that had overlooked, put a
double red line under the footings and
got my money. The accuracy with
which the government works in the de-
Dartmnnt of justice is truly remarkable.
! afterward learned that the reason
Soled Smith did not respect any of my
writs was that he did not like to come
within the jurisdiction of the court on
account Of an old indictment against him
which was still IN good state of prcscr-
vation.
A few months later ! was sent ont to
take the deposition of Soiled Smith in an
other case. He had been subpmnaed,
but just as court was about to convene
he had broken his leg So an order was
made that ] should go out to his cabin
and take his deposition. ! had never
taken anybody's deposition before and so
l felt little nervous about it. Knowing
that Soiled Smith was quick. impulsiye
man, with Il pie knife down the back of
his neck, feared that if took the depo-
sition and 1t didn't look like him, he
might get up and embrue his hands In
my gore.
But was agreeably surprised at ms
appearance. He was not ferOciOus in his
nature generally, but meek and gentle in
his ways. Though he was alone when
his leg was broken, he did not murmer
or repine, He bore his great misfortune
there IN the lone foothills and made no
moan. Whatever may be said against
Soiled Smith socially he never paraded
his woes before men or begged assistance
and sympathy of others. / shall never
forget the cheerful smile with which he
welcomed us to his cabin that day. 1 re,
call now, rs ! write, also the Triumphant
air with which he showed us his poor
broken leg, together with the new one
he had made from a pick handle. just rs
much like the old one as it was possible
for two legs to look alike. While took
his deposition he gently took the spike
out of his broken leg and put it in the
new one. ] learned afterwards that
when he wanted his deposition taken he
generally broke lls ie1 BILL kYE